Order Granting Joint Motion for Final Trial Continuance and Denying Request — USA v. McCabe (Dkt. 26, S.D. Fla.)

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U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 26 · 2024-12-16 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
WEST PALM BEACH DIVISION  
 
CASE NO. 24-80103-CR-CANNON 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
vs. 
 
DUSTIN SEAN MCCABE, 
 
 
Defendant. 
________________________________/ 
 
ORDER GRANTING JOINT MOTION FOR FINAL TRIAL CONTINUANCE AND 
DENYING REQUEST FOR CHANGE OF TRIAL LOCATION 
 
THIS CAUSE comes before the Court upon Defendant’s Status Report and Joint Motion 
for Final Continuance of Trial Date and for Trial to be Held at West Palm Beach Courthouse 
[ECF No. 24].  The Court has reviewed the Motion and is otherwise fully advised.  Following 
that review, it is  
ORDERED AND ADJUDGED that Defendant’s Motion [ECF No. 24] is GRANTED 
IN PART.  The Court finds good cause to continue trial one final time, as indicated below, and 
notes Defendant’s acknowledgment in the Motion that the period of the continuance should be 
excluded under the Speedy Trial Act [ECF No. 24 ¶ 13].  As a result, the Court finds that the 
period of delay resulting from this continuance—i.e., from the date the Defendant’s Motion was 
filed, December 11, 2024, to the date trial commences—will serve the ends of justice and shall be 
deemed excludable time under the Speedy Trial Act.  See 18 U.S.C. § 3161.  The Court does not, 
however, find a sufficient basis to grant the parties’ request for a change in courthouse location.  
The approximate one-hour travel time between the West Palm Beach courthouse and the Fort 
Pierce courthouse is not, on this record, a sufficient basis to grant the relief requested, whether 
Case 9:24-cr-80103-AMC   Document 26   Entered on FLSD Docket 12/16/2024   Page 1 of 2

CASE NO. 24-80103-CR-CANNON 
 
2 
because of the location of the referenced civilian witnesses as stated in general terms in the Motion 
or the broad claims about community-interest in West Palm Beach.1  
The parties shall adhere to the following pre-trial and trial schedule: 
1. Calendar call will be held on February 18, 2025, at 1:45 pm.  The case is set for Jury 
Trial during the two-week trial period that begins February 24, 2025, in the Fort 
Pierce Courthouse.   
2. All other instructions set forth in the Court’s Omnibus Order Setting Trial [ECF No. 14] 
remain in effect except as modified by this Order.   
3. The pretrial motions deadline expired on November 7, 2024, and was not extended by 
this Order (or by the Court’s prior Order [ECF No. 23]), but the Court nevertheless will 
permit the parties to file any such motions on or before December 31, 2024, with no 
extensions to be granted. 
DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 16th day of December  
 
2024. 
 
 
   _______________________________ 
   AILEEN M. CANNON 
   UNITED STATES DISTRICT JUDGE 
 
 
 
 
cc: 
counsel of record 
 
1  The Court has also considered the prosecutors’ personal, distance-related concerns and 
respectfully does not find them sufficient to alter the Court’s decision. 
Case 9:24-cr-80103-AMC   Document 26   Entered on FLSD Docket 12/16/2024   Page 2 of 2

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